93 Decision Citation: BVA 93-19604
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-02 643 ) DATE
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THE ISSUE
Entitlement to service connection for carpal tunnel syndrome.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of the
United States
ATTORNEY FOR THE BOARD
H. N. Schwartz, Counse
INTRODUCTION
The veteran served on active duty from January 1970 to April 1979.
This matter came before the Board of Veterans' Appeals (Board) on
appeal from an October 1991 rating decision from the North Little
Rock, Arkansas, Regional Office (RO). A notice of disagreement was
received in November 1991. A statement of the case was issued in
December 1991. A substantive appeal was dated in January 1992. The
case was received and docketed at the Board in March 1992. The
veteran's representative, Veterans of Foreign Wars of the United
States, entered additional written argument in July 1992.
REMAND
The veteran, in his substantive appeal, noted that he had received
several tests and that one doctor had opined that computer programming
could have contributed to his disease. According to the appellant,
another doctor opined that the problem could have been due to
excessive drinking while in service. The veteran has not submitted
evidence to support his allegations, but has raised the possibility
that such evidence may exist.
We further note that the veteran's representative, in a document dated
February 19, 1992, reported that the veteran had raised additional
issues, and requested that development be initiated before the claim
was forwarded to the Board of Veterans' Appeals.
The Board further notes that at this time, the veteran has submitted
no evidence which would establish that the claim for service
connection for carpal tunnel syndrome is well grounded. Under the
circumstances of this case, additional action is required. Therefore,
the case is REMANDED for the following:
1. The agency of original jurisdiction should
instruct the appellant to submit any evidence
which may be beneficial to his claim for service
connection for carpal tunnel syndrome.
2. The veteran is to be informed that at this
time, he has not established a well-grounded claim
for service connection for carpal tunnel syndrome.
The veteran is to be given a supplemental
statement of the case which informs him of the
need to establish a well-grounded claim. The
supplemental statement of the case must include
the provisions of 38 U.S.C.A. § 5107 (West 1991).
3. The agency of original jurisdiction is
instructed to respond to the representative's
letter dated February 19, 1992. Such issues are
not to be addressed in a supplemental statement of
the case unless a notice of disagreement in regard
to such issues is associated with the claims file.
The purpose of this REMAND is to comply with directives from the
United States Court of Veterans Appeals. See Bernard v. Brown,
No. 91-1082 (U.S. Vet. App. Mar. 22, 1993). If, upon completion of
the requested actions, the claim remains denied, the case should be
returned to the Board after compliance with all requisite appellate
procedures.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
U. R. POWELL PAUL M. SELFON, M.D.
LAWRENCE M. SULLIVAN
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of
Veterans' Appeals is appealable to the United States Court of Veterans
Appeals. This remand is in the nature of a preliminary order and does
not constitute a decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (1992).